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Employer requiring 60 days notice

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1 Employer requiring 60 days notice on Thu Dec 18, 2014 4:10 pm


Arresto Menor
Hi everyone,

I hope someone can help me with this, here's my situation. I have filed my resignation last December 15, 2014 and have stated in my letter that my resignation is effective on January 15, 2015 (30 days notice). Our Sr. HR Manager, my boss, is asking for me to complete 60 days notice for me to be cleared of all of my accountabilities. Here's the problem, I have already talked to my future employer regarding this and they cannot accommodate to have me on a later date since I will be coming in as an expat and if I do move my start date, there will be no guarantee that they will still be allowed to take in an expat for the position.

Here's to summarize the facts:
-With my current employer, 60 days notice is indicated in the Employment Contract.
-With my future employer, I have signed and agreed upon to start on January 19, 2015.
-It was said to me by my boss that my clearance would be held-off if I fail to render 60 days notice.

My main concern now is am I really bound to render 60 days or, as per the Labor Code, can I opt for 30 days only? What about my clearance? Can I hold it against them if they don't clear me of all accountabilities  if I really stick with 30 days?

I forgot to mention that in the employment contract I have signed with my future employer, the first clause of the contract is that until my commencement date, (January 19, 2015) they will be contacting my current employer to get a satisfactory commendation. Failure to secure a satisfactory commendation will result for them to retract the offer and void the contract.

On one end, I obviously don't want to burn any bridges, especially since I am in good terms especially with my team and my immediate supervisor. on the other hand, I would also like for my next employment to go off as smooth as possible, and although I am willing to just render 30 days since I really want the work, but again, my current employer is holding me for it.

Thanks in advance for all the inputs!

More power and God bless you all!

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2 Re: Employer requiring 60 days notice on Thu Dec 18, 2014 4:40 pm


Reclusion Perpetua
The Labor Code requirement of 30 days is only the minimum.

The employment contract stating 60 days would supersede that since you signed it.

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3 Re: Employer requiring 60 days notice on Sat Dec 20, 2014 8:22 am


try to negotiate a shorter period for a notice period but in my opinion, if push comes to shove, the 30 day period stated in the labor code will prevail

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